The Mississippi Jury Verdict Reporter - Jury Verdict Publications

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					                   The Mississippi Jury Verdict Reporter
                            The Most Current and Complete Summary of Mississippi Jury Verdicts

April 2011                                         Statewide Jury Verdict Coverage                                         2 M JVR 4

In This Issue                                   Premises Liability - A family of             injuries to this mold, including Darlington
                                                                                             (then age 3) who has complained of
Hinds County                                    three alleged they suffered injuries
                                                because of a leaky apartment –               coughing, illness and scarring.
Premises Liability - $3,603,712         p. 1
Nursing Home Neg - Defense verdict      p. 8    importantly, the father, a self-                In this lawsuit, the Ohazurikes sued the
Lafayette County                                described inventor of Bible-based            apartment complex and the management
Medical Malpractice - Defense verdict   p. 2    board games alleged that millions in         company alleging negligence in failing to
Federal Court - Jackson                         profits were lost when his proprietary       maintain the premises. That included
Sexual Harassment - $874,502            p. 2    designs were destroyed                       both the failure to make repairs before the
Breach of Contract - Defense verdict    p. 4    Ohazurike v. Parham Pointe South et al,      water leak and then not replacing
Reverse Race Discrim - Defense          p. 7    07-1234                                      mildewed carpet after it. It was the
Federal Court - Gulfport                        Plaintiff: J. Ashley Ogden and James         plaintiff’s proof at trial that their many
Insurance Contract - $2,011,702         p. 3    W . Smith, Jr., Ogden & Associates,          complaints and written requests for
Premises Liability - Defense verdict    p. 7    Jackson                                      repairs were ignored and sometimes
Federal Court - Oxford                          Defense: Jamie D. Travis, Page Kruger        simply thrown in the garbage.
Promissory Estoppel - $200,000          p. 4    & Holland, Jackson for Parham Pointe            The three plaintiffs sought damages for
M adison County                                 South                                        personal injury, Benny also seeking lost
Alienation of Affection - $80,000       p. 4                                                 profits (of some $17 million) for his
                                                Benny “Mac” May, Dunbar Monroe,
Harrison County                                                                              damaged board games. It was the
                                                Ridgeland for Ballard Realty
Auto Negligence - $5,740                p. 4                                                 plaintiffs proof that his games were
                                                Verdict: $3,603,712 for plaintiffs
Pearl River County                                                                           market-ready and he had an order waiting
                                                Court:      Hinds
Auto Negligence - $25,000               p. 5
                                                Judge:      W inston Kidd                    for 60,000 units. Plaintiffs’ board game
Panola County
                                                Date:       7-16-10                          expert was Jeffrey Chance, Hazlehurst.
Medical Malpractice - Defense verdict   p. 5
                                                   Benny Ohazurike and his wife, Esther,        Defendants disputed that there was
Federal Court - Aberdeen
                                                moved into the Parham Pointe South           water damage and suggested plaintiffs had
UIM - Defense verdict                   p. 5
                                                Apartments in Jackson in 2001. They          suffered no personal injury. Particularly,
Rankin County
Medical Malpractice - Defense verdict   p. 6    lived there with their minor son,            a company maintenance man went to the
Jackson County                                  Darlington. The property is managed by       apartment and could find no water
Auto Negligence - $20,000               p. 6    Ballard Realty. Important to this case,      damage. [Plaintiffs countered that the
Lamar County                                    Ohazurike is a designer of Bible-based       water was 6 to 8 inches deep.] It was also
Breach of Contract - $61,833            p. 6    board games. W hile to date, Ohazurike       argued that the damages related to the
Covington County                                hasn’t generated any profits from his        board games were speculative.
Auto Negligence - Defense verdict       p. 7    games, he has generated several valuable     Diminishing the economic loss for
Pike County                                     designs that were ready for the market.      defendants was Jim Koerber, CPA,
Auto Negligence - $5,500                p. 8       Moving forward to 2007, the               Hattiesburg.
Historical Mississippi Verdicts         p. 8    Ohazurike apartment was plagued by a            The jury’s verdict was for the
Notable M emphis, TN Verdicts           p. 9    leaky pipe in their bathroom. For some       Ohazurikes on liability finding the
Notable New Orleans Verdicts            p. 10   six weeks they begged management to          defendants solely at fault. [There was no
                                                fix the leak. There was no fix. The          apportionment between those defendants.]
                                                problem escalated in May of 2007 when        Then to damages, Benny took medicals of
                                                the pipe burst and flooded the apartment.    $2,208 plus $500,000 for suffering. His
Civil Jury Verdicts                                                                          lost profits were valued at $2,000,000.
                                                Benny’s blueprints and designs for his
   Timely coverage of civil jury verdicts                                                       Esther took medicals of $253 and
                                                games were destroyed.
in Mississippi including court, division,                                                    $500,000 more for suffering. Finally little
                                                   It was alleged that following the water
presiding judge, parties, case number,                                                       Darlington took medicals of $1,251 and
                                                leakage, the apartment management was
attorneys and results. Notable results                                                       $100,000 for permanent disfigurement.
                                                dilatory in repairing the damage. This
from Memphis, TN are also covered.                                                           His pain and suffering was $500,000 as
                                                led to the development of mold and
                                                mildew which spread through the              well. The combined Ohazurike verdict
                                                apartment. All three Ohazurikes linked       totaled $3,603,712.

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